Acts of Parliament assented to – Act Nos 43 to 47 of 2026

Overview

The Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026 was assented to on 20 May 2026, with the intent to address the problem of counterfeit goods and false trade mark infringements. This Act amends the Commerce (Trade Descriptions) Act 1905 and the Customs Regulation 2015 to bolster the enforcement mechanisms against such activities. The policy objective is to enhance the protection of intellectual property rights and ensure that consumers are not misled by goods bearing false trade marks. The Export Control Amendment (Clarifying Obligations Relating to Registered Establishments) Act 2026 also assented to on the same date, aims to clarify and strengthen the obligations of registered establishments under the Export Control Act 2020. This Act seeks to ensure that the export controls are effectively implemented, protecting national security and foreign policy interests. Both Acts were passed by the Parliament, reflecting the legislative body's commitment to maintaining and improving legal frameworks that safeguard Australian interests and consumers.

Scope and Application

The Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026 applies to any person or entity involved in trade activities that involve the importation of goods into Australia, extending to all entities that import goods into the country. This Act seeks to address and prevent the infringement of trade marks by imposing penalties through infringement notices, thereby enhancing the protection of intellectual property rights in Australia. The Act's jurisdiction covers the entire Commonwealth of Australia, ensuring a national approach to combating counterfeit and pirated goods entering the Australian market. The Act does not explicitly state any exclusions or exemptions, implying a broad application to all relevant imports and importers. Furthermore, the Act allows for the creation of subordinate instruments that may further define and extend its application, ensuring that it can adapt to new challenges in trade and intellectual property law. The Export Control Amendment (Clarifying Obligations Relating to Registered Establishments) Act 2026 applies to any person or entity involved in the export of goods or technology from Australia, specifically targeting registered establishments that are subject to export controls. This Act aims to clarify the obligations of these entities in complying with export control regulations, ensuring that they adhere to national security and foreign policy objectives. The Act extends to the entire Commonwealth of Australia, providing a unified framework for export control compliance. There are no stated exclusions or exemptions in the Act, suggesting that it applies broadly to all entities involved in the export of controlled goods and technology. The Act also allows for the creation of subordinate instruments to further detail and expand its application, enabling the regulation to evolve with changes in export control requirements and international trade practices.

Key Provisions

The Customs Legislation Amendment (False Trade Marks Infringement Notices) Act 2026 (No. 43 of 2026) amends the Commerce (Trade Descriptions) Act 1905 and the Customs Regulation 2015. This Act introduces new provisions allowing for the issuance of infringement notices for the use of false trade marks. Specifically, it empowers authorised officers to issue notices for offences related to the use of misleading trade marks that could deceive consumers about the origin or nature of goods. This change streamlines the process of dealing with such infringements, providing a more efficient method for enforcement compared to the previous system of court proceedings. The Export Control Amendment (Clarifying Obligations Relating to Registered Establishments) Act 2026 (No. 44 of 2026) modifies the Export Control Act 2020. It clarifies the obligations of entities that are registered under the Export Control Act, ensuring they understand their responsibilities in preventing the export of controlled goods. This includes maintaining records and ensuring compliance with export control laws, which are critical for national security and international relations. The Act aims to provide clear guidelines and expectations for these entities, thereby enhancing the effectiveness of export control measures. The Public and Educational Lending Rights (Better Income for Authors) Act 2026 (No. 45 of 2026) provides financial support for Australian authors and publishers by amending existing laws related to public and educational lending. It introduces mechanisms to ensure that authors and publishers receive fair compensation for the lending of their works in libraries. This legislation is designed to improve the income and recognition of authors, thereby encouraging the creation and publication of books. The Public and Educational Lending Rights (Better Income for Authors) Consequential Amendments and Transitional Provisions Act 2026 (No. 46 of 2026) deals with the consequential and transitional matters arising from the implementation of the 2026 Act. It provides transitional arrangements to ensure a smooth implementation of the new rights and compensation mechanisms. This includes adjustments to existing agreements, clarifications on the application of the new provisions, and measures to support affected parties during the transition period. The Treasury Laws Amendment (The Survivors Law) Act 2026 (No. 47 of 2026) amends the law relating to taxation, superannuation, and bankruptcy. It introduces new provisions aimed at supporting survivors of financial hardship, including changes to tax laws to provide relief to those in difficult circumstances. It also modifies bankruptcy laws to offer more compassionate outcomes for individuals facing financial distress. These changes are intended to provide greater support and protection for vulnerable individuals within the legal framework.